| For the purposes of authorizing Defend My Name, LLC to launch an online search marketing campaign, designed to generate positive posts, reviews and articles promoting the Customer, according to the terms herein, Defend My Name, LLC and Customer hereby agree and acknowledge:
1. Relationship.
Customer is an independent entity and is not a strategic partner, franchisee, agent or employee of Defend My Name, LLC. Defend My Name, LLC is an independent entity and is not a strategic partner, franchisee, agent or employee of Customer. Neither party will refer to the other party as anything implying a partnership type of arrangement.
2. Responsibilities.
2.1 Internet Marketing
Defend My Name, LLC agrees to make commercially reasonable efforts to market, advertise, promote, acquire links, acquire paid and non paid reviews and post articles, to promote Customer's reputation, website and services. Defend My Name, LLC may utilize a combination of Social Media marketing, Article generation, Online Press releases, Link building, Paid reviews, Organic search engine optimization, Forum postings and various other Internet Marketing channels to promote Customers' reputation online. Prior to launching any Marketing campaign, Defend My Name, LLC will obtain written approval from the Customer on the content, graphics and target URL.
2.2 Ethical Representation Defend My Name, LLC will only take on clients whose businesses are ethical and decline to promote information if we do not believe it is in the best public interest. Defend My Name, LLC has a strict company policy regarding the representation of those who have been accused of a criminal act. Prior to representation of a Customer of that nature, Defend My Name, LLC will need to be provided with legal documentation regarding the matter and Customer will need to be innocent of the crime to which they were accused. If a case was brought against the potential Customer, the potential Customer will need to provide Defend My Name, LLC with legal court documents stating that they were found innocent of the accusation or the accusation was dropped and/or dismissed both criminally and civilly. Defend My Name, LLC will not represent anyone found guilty of a criminal act involving sexual based offense(s). Defend My Name will not represent any client for any sexual matter unless it can be proved that they are innocent both criminally and civilly. Defend my Name has the right to refuse service for any reaon or no reason at all.
2.3 Confidentiality
The existence of this Agreement, and all information obtained from, or developed for, or on behalf of Customer by Defend My Name, LLC as part of this Agreement, including but not limited to Marketing Collaterals, Graphics, Client data, Business plans and Financial information, Database files, and Email communication, is to be kept strictly confidential by Defend My Name, LLC and is not to be shared with any outside third-party, without receiving prior written approval from the Customer unless it is deemed necessary for completion of your program by Defend My Name, LLC.
Indemnification
Customer shall indemnify and defend Defend My Name, LLC, its Partners, agents, affiliates, and licensors from any third party claim or liability (collectively, "Liabilities"), arising out of Use, Customer's Program use and Services and breach of the Agreement. Partners shall be deemed third party beneficiaries of the above Partner indemnity.
4. Limitation of liability 7.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7.2 IN NO EVENT WILL DEFEND MY NAME LLC OR ITS SUPPLIERS BE LIABLE FOR, ANY CLAIM AGAINST COMPANY BY ANY THIRD PARTY FOR ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY COMPANY OR ANY AGENT OF COMPANY IN EXCESS OF THE REPRESENTATIONS AND WARRANTIES MADE BY DEFEND MY NAME LLC.
5. Term and Termination
5.1 Term
This Agreement shall remain in effect until a new agreement is executed and mutually agreed upon by both Defend My Name, LLC and the Customer or until arbitration rules otherwise.
5.2 Termination
Defend My Name, LLC may terminate this Agreement by written or verbal notice to the other party, for any reason or no reason at any time.
5.3 Ownership of Data
All Information collected for the Customer is to remain the exclusive property of the Customer. Defend My Name, LLC will not rent, sell or lease any information.
5.4 Effect of Termination
Within 30 (thirty) calendar days after termination of this Agreement, Defend My Name, LLC will transfer ownership of all data, username and passwords to Customer. All pending fees will survive termination of this agreement. |